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2024 Supreme(Cal) 160

PRASENJIT BISWAS
Fullerton India Credit Company Limited – Appellant
Versus
Manju Khati – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shaunak Mukherjee, Mr. Amitava Mitra, Ms. Antara Choudhury, Ms. Sanghamitra Majumder Mr. P. Sinha

JUDGMENT :

Prasenjit Biswas, J.

1. This revisional application is directed against the order dated 7th July, 2015 passed by the learned Civil Judge (Junior Division), Siliguri in Title Suit No. 210 of 2013.

2. Being aggrieved and dissatisfied with the impugned order passed by the learned Trial Court, the present petitioner has filed this revisional application filed under Article 227 of the Constitution of India.

3. By passing the impugned order learned Trial Court rejected the application filed by the present petitioner/defendant filed under Section 8 of the Arbitration and Conciliation Act read with Section 5 of the Act of 1996.

4. The plaintiff/opposite party (herein) instituted a suit with a prayer for declaration, injunction and consequential relief against the present petitioner before the Trial Court which has been registered as Title Suit No. 210 of 2013. The plaintiff/opposite party also filed an application with a prayer for injunction filed under Order 39 rule 1 and 2 read with Section 151 of the Code of Civil Procedure. After receiving summons the present petitioner entered appearance in that suit and filed an application under Section 8 of the Arbitration and Conciliation A

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